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The transcript of the proceedings is less than a page. Mr. Jones told the judge he was prepared for the hearing, but the judge said it wasn't necessary.

"If she wants to withdraw it, she has a right to," Judge Saxton said.

On Jan. 3, two weeks after withdrawing the PFA and three days after police say Ryan McNamara beat her so savagely her brain began to bleed, Ms. Talerico was found dead.

On Friday, a judge decided Mr. McNamara will stand trial for homicide. He remains in Lackawanna County Prison without bail.

In 2012, the most recent detailed data available, victims in Lackawanna County withdrew 40 percent of protection-from-abuse cases - double the rate of withdrawn cases statewide and in neighboring Luzerne County.

Ms. Talerico worked at the Lackawanna County domestic relations office. Mr. McNamara had a history of abusive relations and several PFAs in his wake. When it was learned she withdrew her PFA, the majority public reaction was: Didn't she know better?

It's a question Women's Resource Center Executive Director Peg Ruddy said the community should stop asking.

She said the real question is, "Why does he beat her?"

Not a catch-all

Ms. Ruddy said protection-from-abuse orders were put in place "to give the victim a civil option that they had control over."

In a criminal case, the victim is called as a witness. In the civil PFA process, the victim is in control of requesting and withdrawing. There is often more involved in the thought process of choosing not to pursue a PFA or withdraw the order than an outsider may know.

"They're strategizing and thinking, 'What's going to be safe for me?'" Ms. Ruddy said of victims.

The protection-from-abuse order process is based on the requests of the plaintiff, whether that means keeping it in place or withdrawing it.

PFA offenders face a maximum of six months in jail and $1,000 in fines, but ultimately, a PFA is only a document.

"The PFA itself isn't going to stop a bullet," said Judge Margaret Bisignani Moyle, who hears PFA cases. "It's one tool designed to protect individuals from abuse."

Tyaisha Leary had a PFA in place when her ex-boyfriend set her home on fire, killing two of her young sons. That man, William Robert Woods, is serving two consecutive life sentences, plus another 37 to 74 years in state prison.

Requesting a PFA may seem like an easy decision when abuse is happening, but Judith Lewis, legal director of the Barbara J. Hart Justice Center, explained that it's not that simple.

The first step to filing a PFA is to fill out a packet of information at the Lackawanna County Administration Building in Scranton. She said it can be intimidating to tell a complete stranger what you want to do. The packet requires chronicling the most recent abuse, listing other examples of abuse, and sharing other information, including whether there are any children in common with the abuser.

"You're expected to fill this out after you've been traumatized," Ms. Lewis said. "You may or may not have support with you."

If the request is made during court hours, a judge speaks with the plaintiff and decides whether to grant a temporary order. If after hours, the magistrate on call makes the determination via phone.

In 2013, of the 869 temporary orders requested in Lackawanna County, 866 were granted.

A final hearing is scheduled within 10 days. During that time, the defendant is served with the PFA paperwork.

Ms. Lewis said the final hearing provides its own set of obstacles.

"For the survivor, it's the first time she's seeing the abuser since she got the order," she said. "It's really intimidating."

The courtrooms where PFA hearings are held in the administration building are at the end of a hallway, where Ms. Lewis said abusers will sometimes sit and wait, forcing close proximity.

"Often an abuser will use that as a covert tactic," she said.

At the final hearing, the plaintiff and defendant can present evidence and witnesses.

Gray areas exist

Judge Moyle said the plaintiff has the burden of proof, but the threshold is lower than in criminal cases.

In a criminal case, "beyond a reasonable doubt" is the standard. In civil cases, "preponderance of evidence" must be shown, which Judge Moyle said essentially means one side has a stronger case, even if only by a slight margin.

It is the duty of the judge to determine the credibility of the witnesses and evidence, which can include Facebook messages, voicemails, copies of emails, medical reports and police reports.

At the conclusion of the hearing, a judge decides whether to grant the final order. The plaintiff and defendant can also enter the PFA by agreement, meaning there is no admission of abuse, but the pair agree to follow the order.

In Pennsylvania, a PFA can last up to three years. There are some circumstances when it can be extended after the three-year period expires.

Asked about the withdrawal process, Judge Moyle said the law is generally silent on guidelines for denial.

"There's no mechanism to prevent a plaintiff from withdrawing as long as the court is satisfied that the request is not made under duress," she said.

She said a judge may consider whether there are any pending criminal charges, and whether any previous PFAs have been withdrawn. If a PFA is a condition of a criminal plea, the judge may deny withdrawal.

"If I thought that there was still a problem and it was going to recur I would encourage the parties to address the problem," she said.

One option is to change the PFA from no contact to contact. With a no contact PFA, any direct contact, even text messages, is prohibited. With a contact, no hit PFA, parties could even live together, but abuse is prohibited.

"I think that's harder," Judge Moyle said. "It's very gray."

Ms. Lewis agreed.

"A protection-from-abuse order is one strategy in a number of strategies that someone might utilize to keep themselves safe," she said. "The effectiveness of the PFA really depends on the batterer."

And domestic abuse is something often misunderstood by the general public.

"It's very hard to grasp if you're not in that situation," Judge Moyle said. "It's a matter of education about the cycle of domestic violence."

In a situation like Ms. Talerico's, where the PFA was withdrawn, some people may think she put herself in more danger or it was her fault.

"Living with an abusive relationship, there is intermittent reinforcement. They can appear to be changing," said Jennifer Mudge, legal advocate at the Women's Resource Center. "I think that creates a sense of hope."

Contact the writer: rbrown@timesshamrock.com, @rbrownTT on Twitter

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